Wills and inheritance

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A cause that prevents inheritance

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A cause that prevents inheritance: There are three situations where this type of exclusion might apply, as we have noted: being a slave, killing the deceased and following a religion other than Islam.

Types of Heirs and their Shares

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One: Five kinds of heirs may take a share of one-half:The husband, when his deceased wife has no male or female offspring by that marriage or an earlier one. The deceased’s daughter, when she has no siblings, male or female, who are also heirs of the deceased. The deceased’s son’s daughter, when she is the only heir. The deceased’s full brother, when he has no siblings to share with him and the deceased has neither offspring nor parents or grandparents. The deceased’s half sister born to his father, when she has no siblings to inherit with her, and the deceased has neither offspring nor parents or grandparents, nor a full brother or a full sister.

The heirs

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Heirs may be males or females. There are nine types of male relatives: 1) son; 2) grandson and lower male grandchildren; 3) father; 4) grandfather and higher male grandparents; 5) brother or half-brother; 6) nephew who is the son of a half-brother who has a different mother. If the deceased has the same mother then his nephew does not inherit; 7) paternal uncle; 8) son of a paternal uncle who is a full brother of the deceased’s father or a half-brother born to the same father; 9) husband

What prevents inheritance

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Murder: All scholars agree that a deliberate murder is a cause that precludes inheritance. The murderer cannot inherit from his victim.Slavery: During the time when slavery was a recognized system, slaves could not inherit.If the heir and his deceased relative belonged to different faiths. The Prophet says: ‘A Muslim does not inherit from an unbeliever, nor does an unbeliever inherit from a Muslim.’

Conditions of Wills

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The testator must be a person who is qualified to make a donation, by being an adult of sound mind. There are, however, two exceptions: a young testator who makes a will regarding his own funeral and burial, as long as this is within what is reasonable, and a weak-minded person making a will for charitable purposes, such as teaching the Qur’an or building a hospital.

Types of wills

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Obligatory: A will to ensure the repayment of debts and return things held in trust; Recommended: A will made in favor of relatives who are not heirs and for charitable purposes;  Reprehensible: A will made in favor of people who indulge in sin; Forbidden: A will created for a forbidden purpose, such as building a temple. A will is also forbidden if it amounts to harming any of one’s heirs. Permissible: A will made in favor of relatives and non-relatives who are well off. A will is deemed to have been made in one of three ways: a verbal statement, a written document, and a clear signal.

Wills

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Wasiyyah i.e. a will, according to Islam means bequeathing ownership after one’s death in a voluntary way.

Learn Fiqh with Al-Hakeem | Inheritance

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In this Lecture, Sh. Assim Al-Hakeem discusses and explains the Inheritance. This course will cover all the practical rules that every Muslim, man or woman, should know, citing their bases in the Qur’an and the Sunnah.

Learn Fiqh with Al-Hakeem | Wills and Inheritance

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In this Lecture, Sh. Assim Al-Hakeem discusses and explains the Wills and Inheritance, and give a brief and basic outline of the importance of wills.

Learn Fiqh with Al-Hakeem | Types of heirs according to their inheritance – Part two

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In this Lecture, Sh. Assim Al-Hakeem discusses and explains the The waiting period and its purpose. This course will cover all the practical rules that every Muslim, man or woman, should know, citing their bases in the Qur’an and the Sunnah.

Learn Fiqh with Al-Hakeem | Types of heirs according to their inheritance

videos

In this Lecture, Sh. Assim Al-Hakeem discusses and explains the Types of heirs according to their inheritance. This course will cover all the practical rules that every Muslim, man or woman, should know, citing their bases in the Qur’an and the Sunnah.

The heirs

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The heirs are 9 types of male relatives and 6 types of female relatives receiving different shares of heritage according to the status of the deceased and his relationship with the heirs as discussed in the article.

What prevents inheritance

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There are 3 cases in which the inheritance is prevented, murder a killer can't inherit their victim, Having a different belief, or being a slave.Inheritance is a critical issue in Islam that is described clearly.

Inheritance

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Inheritance is distributed among the heirs that should -according to the Islamic rules- fulfill one of the following characters, marriage or blood relation or Wala’: which is a contract between two persons. 

Wills and Inheritance

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A will is an amount of inheritance to be distributed according to a sane testator desire and preferred not to exceed one third of the sum and to exclude the heirs, and to be distributed after paying all debts.

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